Parked or Stopped Commercial Vehicles: Shoulder/Construction/Delivery Liability

A “parked” truck or van can be just as dangerous as a moving one—especially at night, on a blind curve, near lane shifts, or during curbside deliveries. These cases often turn on basic safety rules: hazard flashers, proper warning devices (triangles/flares), required lamps/reflectors, and—inside work zones—the MUTCD rules for temporary traffic control. When companies skip those basics, they create crash traps.

Why stopped/parked CMVs create unique risk

• Night visibility: If required lamps/reflectors are dirty, damaged, or inoperative, a dark trailer or van can read like empty roadway until it’s too late. Federal rules specify what lamps/reflectors must be present and visible. 

• Improper shoulder stops: Federal rules require hazard flashers immediately and warning devices within 10 minutes, with exact placement distances that change on curves, hills, and divided highways. 

• Temporary work/utility stops: In construction or road work, setups must follow MUTCD Part 6 (cones/tapers, sign spacing, night visibility). Short-duration/shoulder work still needs proper temporary traffic control so drivers see the hazard in time. 

• Urban delivery behavior: Sudden curb pulls, double-parking, or blocking bike lanes near blind corners can set up rear-end or sideswipe crashes—especially without flashers or cones and with poor sight distance.

What the rules actually say (plain English)

1) Emergency signals for stopped CMVs (49 C.F.R. § 392.22)

• Flashers: Turn on hazard flashers immediately and keep them on until external warning devices are placed (and again while picking them up).

• Within 10 minutes: Place three warning devices (triangles/flares) as follows:
  • General rule (two-way road): one ~10 ft behind on the traffic side, one ~100 ft behind, and one ~100 ft ahead.

  • Hills/curves/obstruction: move the “approach-side” device 100–500 ft toward the obstruction to give ample warning.

  • Divided/one-way: place devices 200 ft and 100 ft to the rear (toward approaching traffic) plus one within 10 ft at the rear traffic side.

  • Daylight/business districts: narrow exceptions apply; at night/low light, devices are still required if the vehicle isn’t clearly visible at 500 ft. 

2) What equipment must be on the truck (49 C.F.R. § 393.95)

Carriers must carry approved warning devices (e.g., bidirectional reflective triangles). Flame-type devices (fusees/flares) have exceptions/limitations—especially around hazmat. 

3) Lamps and reflectors for visibility (49 C.F.R. § 393.11)

CMVs must have the required lamps/reflective devices (per Table 1 and diagrams), and vehicles must meet FMVSS 108 at manufacture. A trailer with missing/obscured conspicuity tape or inoperative lamps can be effectively invisible at night.

4) Work-zone control (MUTCD, Part 6)

When a contractor or utility creates a temporary hazard (lane/shoulder encroachment, short-duration stops), Part 6 governs: proper advance warning, taper length by speed, device spacing/retroreflectivity, and night operations. 

Common liability scenarios (with the proof we pull)

1. Night crash into a shoulder-parked tractor-trailer
   • Theories: failure to deploy triangles as required; poor lamp/reflector compliance; illegal non-emergency shoulder parking.

   • Proof: dashcam/event video, ECM speed/brake channels, 911/CAD, triangle placement (scene photos), inspection of lamp and conspicuity devices, driver statements. 

2. Blind-curve or hill-crest stop without extended warning
   • Theories: violation of 392.22(b)(2)(iv)—triangle should be 100–500 ft toward the obstruction.

   • Proof: total station/drone measurements of sight distance; device placement photos; ELD/dispatch “time stopped.” 

3. Work-zone contractor staging on shoulder with no taper/lighting
   • Theories: MUTCD Part 6 violations (missing advance warning, too-short taper, inadequate night visibility).

   • Proof: approved plan vs. field setup, device inventory/diaries, nighttime photos, retroreflectivity checks. 

4. Curbside delivery van blocking lane/bike lane at night
   • Theories: unsafe stopping/standing, failure to use flashers/warnings, inadequate cones/triangles where required, negligent training/supervision.

   • Proof: vehicle camera repository exports, telematics breadcrumbs (stop location/duration), city camera or storefront video.

Week-one preservation checklist (copy/paste into your letter)

Send targeted preservation to the motor carrier/delivery company, any contractor/TTC vendor, and relevant agency (city/KYTC):

• Warning devices evidence: confirmation of devices carried (inventory), triangle model, and triangle placement photos/notes.

• Vehicle visibility: maintenance & inspection records for lamps/reflectors/conspicuity tape; recent DVIR defects/repairs. 

• Data/video: outward & inward dashcam (full-day export), telematics/ECM (speed, brake, throttle), ELD on-duty windows, dispatch/route messages.

• Scene sources: 911 audio/CAD, agency crash file, traffic or nearby business video.

• Work-zone files (if applicable): approved TCP, typicals/standard drawings, daily device diaries, night-work lighting plans.

Add an internal link here to your Spoliation Letters article and your existing Parked CMV post.

FAQs

Are triangles really required if I just use my flashers?

No—flashers must be activated immediately, but three warning devices are required within 10 minutes (with special placements on curves/hills/divided roads).

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What if the truck was in a “business district”?

During daylight in a business/residential district, triangle placement can be excused only under narrow conditions; at night/low light, devices are required if the vehicle isn’t clearly visible at 500 ft. 

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Do contractors/utility trucks have to set cones for short stops?

If the stop creates a temporary traffic control need, MUTCD Part 6 applies (proper warning and device use scaled to speed, duration, and visibility). 

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What has to be onboard the truck?

Emergency equipment rules require approved warning devices and other gear; there are special flame-device limits near hazardous materials.

How Morrin Law Office proves parked-vehicle cases

• Lock the evidence early: we demand triangle/flare details, camera repositories, ECM/ELD, and visibility/maintenance records before they’re overwritten.

• Measure sight distance: hills, curves, and lighting are quantified against the 392.22 placements and MUTCD Part 6 visibility principles.

• Name all responsible parties: driver/carrier, contractor/TTC vendor, and property/agency actors when setups or roadway conditions contribute.

• No upfront fees: Free consultation; contingency fee (we’re paid only if we recover).

References & Further Reading

• 49 C.F.R. § 392.22 — Emergency signals; stopped CMVs (flashers; 10-minute rule; distances; special placements on curves/hills and divided highways). Legal Information Institute

• 49 C.F.R. § 393.95 — Emergency equipment on power units (required warning devices; flame-device limits around hazmat). ecfr.gov

• 49 C.F.R. § 393.11 — Lamps & reflective devices; FMVSS 108 baseline. ecfr.gov

MUTCD, 11th ed., Part 6 — Temporary Traffic Control (signing, tapers, device spacing, night operations). Mutcd